Default judgment in Vermont: how to set it aside

Missed the deadline? Here is how to ask the court to cancel the default.

Checked against official sources: Oct 24, 2026.

Short answer

A default judgment means the court decided against you because you didn't answer. File a motion asking the court to set aside the default judgment. The court can set aside its order granting a default judgment for good cause, and a final default judgment under Rule 60(b) (for example, mistake, excusable neglect, fraud, or a void judgment).

Time to answer
21 days

How a default happens in Vermont

If you do not answer after being served by a sheriff or constable (small claims), or do not answer within 21 days in a regular civil case, the plaintiff can ask for a default judgment, and the court may award what the plaintiff asked for.

How to set aside a default in Vermont

File a motion asking the court to set aside the default judgment. The court can set aside its order granting a default judgment for good cause, and a final default judgment under Rule 60(b) (for example, mistake, excusable neglect, fraud, or a void judgment). File as soon as possible.

Law: V.R.C.P. 55(d), 60(b)

Count your deadline to set aside a default

The date is counted in your browser.

The court's name is at the top of the judgment.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Interest and how long it lasts in Vermont

Interest after the judgment

12% a year (Vermont's legal rate). Interest accrues at 12% a year if you agree to pay or a judgment is entered (Vermont Judiciary).

How long it lasts

8 years. The creditor can renew the judgment by filing a new action on it before the 8 years end. A judgment lien on real property also lasts 8 years.

Law: 9 V.S.A. § 41a(a); 12 V.S.A. §§ 506(a), 2903

After a judgment in Vermont

Mediation and settlement in Vermont

Most regular civil division cases must go to mediation (the parties file a stipulation for mediation within 30 days after the last answer). Small claims cases are not required to mediate (V.R.C.P. 16.3).

Servicemembers

Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service.

Law: 50 U.S.C. 3931(b)(1)

Steps after a default in Vermont

  1. Find the judgment

    Ask the clerk for a copy of the judgment and note the date on it.

  2. Move fast

    In Vermont: File a motion asking the court to set aside the default judgment. The court can set aside its order granting a default judgment for good cause, and a final default judgment under Rule 60(b) (for example, mistake, excusable neglect, fraud, or a void judgment).

  3. Say why you missed it

    Write down why you missed the deadline and why you don't owe what they claim.

  4. Watch for garnishment

    Until it is set aside, the judgment can be collected: read After a judgment in Vermont.

Free legal help in Vermont

Questions about default judgments in Vermont

How long do I have to answer a debt lawsuit in Vermont?

Small claims: 30 days. If the papers came by first-class mail, file your answer within 30 days of the mailing; if a sheriff or constable served you, within 30 days of that service. Regular civil case: give or mail your written Answer within 21 days of the date you received the Summons (unless the court sets a different time).

What happens if I don't answer in Vermont?

If you do not answer after being served by a sheriff or constable (small claims), or do not answer within 21 days in a regular civil case, the plaintiff can ask for a default judgment, and the court may award what the plaintiff asked for.

How long do I have to undo a default in Vermont?

File a motion asking the court to set aside the default judgment. The court can set aside its order granting a default judgment for good cause, and a final default judgment under Rule 60(b) (for example, mistake, excusable neglect, fraud, or a void judgment). File as soon as possible.

More for Vermont

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources